Judge’s ruling may shut down Nashville gun shop

Wednesday, October 6, 2010 at 11:45pm

A Nashville gun shop last week suffered a legal blow that could lead to the loss of its license to sell firearms.

A U.S. District Court judge for the Middle District of Tennessee last Friday ruled in favor of the Bureau of Alcohol, Tobacco, Firearms & Explosives, which argued that Gun City had “willfully” violated the Gun Control Act.

The ruling upholds the bureau’s decision to revoke Gun City’s license, but the Murfreesboro Road gun shop has 60 days after the ruling to appeal. The license would be revoked if Gun City doesn’t appeal and win. Gun City’s attorney said that decision hasn’t yet been made.

According to court filings, a 1999 inspection at Gun City and another one in 2003 turned up violations. The ATF warned Cindy Arp, president of Gun City, in April 2004 that any further violations could be considered “willful” and lead to her license being revoked.

Arp did not immediately respond for comment.

What eventually led to the revoked license was an ATF compliance inspection between January and May of 2008 that turned up “numerous violations” such as failing to record “acquisition and disposition” records of 1,067 firearms, failing to report multiple sales to individuals, failing to properly document background check information, and failing to properly complete Firearms Transaction Record forms.

Those transaction forms are important in keeping firearms out of the hands of those who cannot legally possess them, said Eric Kehn, spokesman for the ATF’s Nashville field division in Brentwood.

But Richard Gardiner, the lead attorney for Gun City, said those numerous violations are the result of “far more detailed” inspections by the ATF following its move under the Homeland Security Act of 2002 from the U.S. Department of Treasury to the U.S. Department of Justice.

“They got 10 times as many inspectors as they had before, and the number of licensees has also been going down,” Gardiner said. “So the consequence was that there was a tremendous number of inspectors. … There are 600 inspectors in the United States, and they’ve got to keep them all busy.”

Even though the records may still be used for their intended purposes, the bureau has progressed to the point where “the perfection of the records is an end in itself,” Gardiner said.

“Everybody makes mistakes. If you look hard enough at anybody’s records you’re going to find mistakes.”

Kehn said the bureau approaches each case on a case-by-case basis.

10 Comments on this post:

By: Taxedtodeath on 10/6/10 at 10:51

Good Riddance that place is a dump over priced, and the employees are idiots they get pissed off if you know more about a gun then they do it was better when the old owner ran it in the 70-80s that Woman has run it in the ground

By: HokeyPokey on 10/7/10 at 5:23

"taxed to death, eh?"

I guess you got better.

HP

By: harrystatel on 10/7/10 at 6:15

If the case goes to trial, a juropr should practice the long-established right of jury nullification.
Don't ex[ect tje judge, prosecutor, or even the defense attorney to tell you about it (they won't).

Jury nullifications is where a juror judges the law, not only the facts.

more information here —cut and paste—http://wp.me/p10KwY-hP

Harry Statel

By: budlight on 10/7/10 at 6:58

The old owner was Ken Peake, I think. What's the problem? I guess she made mistakes on her records? Who hasn't? Look at the president''s cabinet to prove it.

Now Elana Kagen is a supreme court judge who has recused herself on 50% of the cases so far. Is her pay cut 50%? NOT! Why appoint a freaking judge who can't sit in on the cases cause she either defended or prosecuted them? Can anyone spell STUPID?

By: noputpa@yahoo.com on 10/7/10 at 7:11

If you look close enough you will see a pattern of overzealous enforcement of certain laws.Especially gun laws. If the Feds can't totally eliminate gun sales,they can keep nit-picking around the edges and frustrate so many owners that they just eventually just give up. The same thing is happening with the epa. They have to constantly keep coming up with a new problem to justify their existance. This government is totally run by idiots and self-proclaimed protecters.I really do anticipate a day of reckoning and it will not be pretty. I have finally begun to understand why people have revolutions.

By: Obediah on 10/7/10 at 9:36

Our Gov and Judges are out of control they are doing this all over the country to shut down Gun Shows & intimidate citizens; out Gov is approaching dangerous point where it will become a threat to the people like Germany's National Socialist Workers Part (NAZI's) became to the people of Germany.

By: xhexx on 10/7/10 at 9:50

The number of BATF agents has nothing to due with Gun City failing to record 1,067 firearms in their book. Every gun that comes into the store needs to be signed in, and then signed out when it's sold, with the purchaser's information. There's also a form that needs to be filled out when a single purchaser buys multiple handguns in a single transaction. Nothing will get a gun store shut down quicker than shoddy record keeping.

The place was an over-priced dump anyway. No loss.

By: GUARDIAN on 10/7/10 at 11:52

GUARDIAN-First of all this article is confusing because it was not 1,067 guns not recorded. BATF records are very confusing and if you are the least bit lazy and get behind you are in over your head. Progressives, liberals or gun haters have overloaded positions within the BATF for years. YES you heard me right the BATF is loaded with gun Haters it is part of "THE PLAN". Many OLD gun dealers have closed because these agents are hard to deal with. If You are a dealer with 3 to 5 sales people you'll need to hire ONE special person just to keep the complex records straight. I haven't the time or the space to explain all of this but most business people wouldn't put up with the BS to be a dealer. Gun Haters will except no excusesno matter what they are because no excuse will be good enough.

By: pswindle on 10/7/10 at 12:50

If they are in violation, shut them down. They have known for years what would happen if they did not fix the problems. They didn' t, and now they are gone. PERIOD

By: gdiafante on 10/8/10 at 8:02

It's a conspiracy. It's impossible to think that they could have actually been in violation. It's more plausible to blame gun haters.

Irrationality wins again.